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YOUR CUPE COLLECTIVE AGREEMENT & Personnel Policies

YOUR CUPE COLLECTIVE AGREEMENT & Personnel Policies. City of Nanaimo. Agenda. History of Unionism in Canada Structure of the Collective Agreement Personnel Policies. History. Medieval Guilds and the Industrial Revolution 1869 - 1910 Knights of Labour 1875 - Que., Ont.. & N.S.

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YOUR CUPE COLLECTIVE AGREEMENT & Personnel Policies

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  1. YOUR CUPECOLLECTIVE AGREEMENT& Personnel Policies City of Nanaimo

  2. Agenda • History of Unionism in Canada • Structure of the Collective Agreement • Personnel Policies

  3. History • Medieval Guilds and the Industrial Revolution • 1869 - 1910 Knights of Labour • 1875 - Que., Ont.. & N.S. • crafts and mixed locals • 1886 - 1956 Trades & Labour Congress (TLC) • influenced by American Federation of Labour • 1908-1927 Canadian Federation of Labour (CFL) • wanted more Canadian control

  4. History • 1919 - 1956 One Big Union (OBU) • mainly Western Canada • dissatisfaction with TLC • opposed to craft unions • became part of the CLC in 1956 • 1927 -1940 All-Canadian Congress of Labour (ACCL) • wanted industrial non-conservative non-American unions

  5. History • 1940 - 1956 Canadian Congress of Labour (CCL) • wanted to unionise unskilled labour • active in politics • organised mass production workers • 1945 Nanaimo Civic Employees Association - Local 14 • 1956 Canadian Labour Congress (CLC) • merger TLC & CCL - supports NDP • code of ethics

  6. History • 1982 Canadian Federation of Labour (CFL) • formed by construction unions • closer ties with gov’t than CLC • non partisan political stance

  7. The Collective Agreement • Labour Statutes • Labour Relations Code • Employment Standards Act • Human Rights Code • WCB Act • The Collective Agreement is the legal document • Purpose

  8. Research Exercise • Practical Exercise using the Current CUPE Collective Agreement.

  9. Structure of the Collective Agreement

  10. General Information • Preamble • Expression of intent regarding the purpose of the Collective Agreement • Definition of Employee Status and Benefit Entitlement • Management Rights

  11. Obligations • Recognition, Union Security and other Union Protection: • Membership • Labour Management and Bargaining Committees • Reports and recommendations

  12. Grievance Procedure • Article 12 - Steps • Article 14 - Discipline

  13. Seniority and Related Rights and Benefits • Article 15 Seniority

  14. Promotion and Staff Changes • Job Postings • Acting Pay • Trial Period • Alternate Employment • Temporary Vacancies

  15. Layoffs and Recalls • Maintain seniority • Recall to vacancy if qualified • 30 days notice

  16. Hours of Work and Overtime • Article 18 - Hours of work • Article 19 - Overtime • Article 20 - Shift work

  17. Holidays and Vacations • Articles 21 and 22 address these matters. The typical difficulties arise with respect to the interpretation of when employees may be deprived of a particular statutory holiday. • Vacation

  18. Sick Leave Provisions • Sick Leave • Sick Leave Bank • Attendance Awareness and Reintegration of Injured Workers

  19. Other Leaves • Union Business • Bereavement • Family Illness • Jury Duty • General Leave • Promotion to Management • Maternity and Parental

  20. Payment of Various Allowances, Premiums and Wages • Call-out • Meal Allowance • Lead Hand • Substitution Pay • Standby Allowance • Tool Allowance • Footwear Allowance • Snow Plowing Allowance

  21. Sexual Harassment • Employees are entitled to work without being subjected to sexual harassment • The consequences of such of provision being in the Collective Agreement are that employees are not limited to filing only a complaint pursuant to the Human Rights Code. They are also entitled to pursue remedies through arbitration.

  22. Job Classification and Reclassification • Supervisors need to be aware of one provision, namely, Article 27(c) job content changes for jobs not covered by JJEC. • Joint Job Evaluation Committee

  23. Employee Benefits • Pension • Medical Insurance • Group Life Insurance • Compensable Injury (WCB) • Employee Assistance Plan (EFAP)

  24. Safety and Health • The Collective Agreement provides for a variety of rights in respect of health and safety issues including certain premiums for safety clothing, shared information about accidents, incidents and other occurrences. It also provides for inclusion of part of the OH&S Regulation on right to refuse unsafe work.

  25. Contracting Out • Restrictions • Wages as classified

  26. Employee Classifications • Lists are appended to C/A

  27. Letters of Understanding • Appended to C/A • Joint JE maintenance procedures • Contracting out • Hours of work - RCMP switchboard • Shift work - RCMP • Beban Merger • Temporary and seasonal assignments

  28. Letters of Understanding • Bicycle patrol • Statutory Holidays - Parks • Shift Premium - Caretakers • Reintegration of injured workers • Hours of work - RCMP • Contracting out issues • Aquatic facility

  29. PERSONNEL POLICY AND PROCEDURE MANUAL

  30. Overview • Why? • What? • Who?

  31. Types of Policies • Financial and Administrative • Employment

  32. Why? • To set clear organisational standards • To support good Employee relations • To reduce or avoid litigation

  33. Requirements • Ensure Employees are aware of Policies • Language clear that policies are intended to have contractual force • Meaning is clear • Reasonable • Consistently followed

  34. Policies and Collective Agreements • Collective Agreement takes precedence but only applies to Employees covered by C/A • May further clarify intent and practice • Provides management and employees with rules and procedures for working out routine situations in an orderly and consistent manner

  35. Legal Requirements • In writing • Non discriminatory • Meet minimum Employment Standards

  36. Need • In anticipation of problem • As a result of a problem • Business need • Legal requirement

  37. Distribution • Departments • Available to all Managers for guidance • Available to Employees for reference

  38. Maintenance • Living document • Routine amendments

  39. Research Questions

  40. SECTION 1 POLICY MANUAL • Authority and Distribution of Policy Manual 1.1 • Establishing New or Revised Policy 1.2 • Supplements to the Policy Manual 1.3

  41. SECTION 2RECRUITMENT AND SELECTION • Vacancies 2.1 • Recruitment - General 2.2 • Recruitment - Delegated Responsibilities 2.3 • Interview Boards 2.4 • Interview Expenses 2.5 • Hiring Procedures - R.C.M.P. Support Staff 2.6

  42. SECTION 2 RECRUITMENT AND SELECTION • Policy Deleted 2.7 • References 2.8 • Notification of Applicants 2.9 • Moving Expenses - New Employees 2.10 • New Employee Orientation 2.11 • Oath of Office/Oath of Allegiance 2.12

  43. SECTION 2 RECRUITMENT AND SELECTION • Probationary Period 2.13 • Medical Examinations 2.14

  44. SECTION 3 Demotion Layoff Discharge Retirement • Demotions 3.1 • Layoffs 3.2 • Employee Benefits on Layoff 3.3 • Dismissal - Termination 3.4 • Retirement 3.5 • Employee Benefits Upon Retirement 3.5.1 • Exit Interviews 3.6

  45. SECTION 3 DEMOTION LAYOFF etc • Working Past Retirement Age 3.7 • Benefits upon Promotion to Management/Excluded Positions 3.8 • Extended Absences 3.9

  46. SECTION 4 STANDARDS OF CONDUCT • Standards of Conduct 4.1 • Conflict of Interest 4.1 • Discrimination 4.2 • Uniform/Dress Policy 4.3 • No Smoking Regulation 4.4 • Celebration During Working Hours 4.5

  47. SECTION 4 STANDARDS OF CONDUCT • Social Committee 4.6 • Substance Abuse 4.7 • Workplace Harassment 4.9 • Workplace Harassment Procedures 4.9.1 • Rest Periods and Use of Coffee Shops 4.10 • Departmental Reporting in Procedures 4.11

  48. SECTION 4 STANDARDS OF CONDUCT • Use of City Vehicles 4.12 • Vehicle Allowance - Management 4.12.1 • Driving Abstracts 4.12.2 • Employee Liability Indemnification 4.13 • Email, Internet & Computer Use 4.14

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